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file. His friends A, B and C ask for copies. The academic creates
electronic copies and sends the reproduced document files as email attachments to A, B and C. Giving “distribution” its ordinary
meaning, he has distributed electronic copies of his work without
delivery of any physical storage device to the recipients.
(b)
A computer user decides to install anti-virus software on his
computer and purchases an online copy of such a program. He
pays by credit card and a copy of the program is transmitted to him
via the internet to be downloaded onto his computer and activated
to give protection against computer viruses.
That copy is in
electronic form and has been bought, sold and delivered via the
medium of the internet without anyone delivering a disk or other
storage medium containing that program.
This is a common
method adopted for distributing copies of computer programs.
Each electronic copy sold is distinguishable from any other such
copy and each commonly requires a distinct code or “product key”
for activation.
41.
It is of course true that an electronic copy will often be stored in a
disk or some similar tangible object which is capable of and intended for
physical delivery. But use of such a storage device is not an essential condition
for the transfer or distribution of an electronic copy. An internet network made
up of linked computers is no less tangible and effective a medium for its
transmission.
42.
Mr Pun seeks support for his argument from various sections
which, he submits, show that the Ordinance treats copies as physical objects
capable of being dealt with as such because it envisages copies being bought,
sold, exported, imported and so forth. He points, for example, to acts of
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